Lead Generation Agreement Terms & Conditions

Background

Site Owner owns and operates the website and uses it to generate leads that may be useful to the business of the Buyer.

Site Owner wishes to sell these leads, and the Buyer wishes to purchase them.

Site Owner has agreed, in accordance with the terms of this agreement, to sell to the Buyer all leads generated from the website where the geographical location of the lead is within the territory.

How it Works

The website is designed, owned, and maintained by Site Owner.

The website collects data from potential customers who complete an online form or call the number on the website to provide contact information and details about their request for information, quotes, or services (‘leads’).

When potential customers provide their information, their call is directed to your nominated business number, or the website generates the lead in real-time and sends it directly to the Buyer’s portal. An SMS is also sent to the Buyer advising that a new lead has been posted in the portal.

Site Owner maintains the website and uses commercially reasonable efforts to maximize the ranking of the website and supply the Buyer with leads.

The lead will include the minimum lead information as entered by the potential customer.

Term

This agreement operates on a month-to-month basis.

You may cancel the agreement at any time by providing at least 30 days’ written notice.

The agreement will continue month-to-month until cancelled by either party with 30 days’ notice.

By entering into this agreement, you agree to purchase all qualified leads we send you (up to the agreed monthly maximum).

Termination by Site Owner:

Site Owner may terminate this agreement at any time by notice to the Buyer if:

• There is a change in any law or regulation making this agreement unlawful.
• The Buyer is in default under this agreement and has not remedied that fault within 7 days of being requested to do so.
• In the opinion of Site Owner, the Buyer is providing poor service to the leads.

What constitutes poor service:

• The Buyer not returning phone calls or emails from potential customers within 24 hours of the lead becoming available in the portal.
• Poor reviews about the Buyer being left by customers on the Buyer’s own website, social media, or other platforms.
• Poor reviews being left on the website or any social media/platforms due to the conduct of the Buyer.

Payment

While the amount payable for a lead becomes due as soon as the lead is posted in the Buyer’s portal, the fees for the lead will accrue until invoiced.

Invoices will be submitted to the Buyer at the frequency noted in the schedule for payment and are due immediately.

The Buyer agrees to provide current and valid credit card details and authorizes Site Owner to charge each invoice to the nominated credit card as they fall due. Where you have agreed to a direct debit arrangement, fees will be debited from your account in accordance with the direct debit authority.

Payments for leads already provided are non-refundable and cannot be canceled.

All amounts shown are in $AUD and are inclusive of GST.

Interest will be charged on any overdue payment, accruing daily from the due date until the date of payment, at a rate of 8% per annum (compounding monthly).

If any payment is dishonored for any reason, you agree to pay any dishonor fees incurred by Site Owner.

You agree to pay any costs and disbursements incurred by Site Owner in pursuing an outstanding debt (including legal costs on a solicitor and own-client basis and collection agency costs).

Disputing a Lead:

If the Buyer believes a lead is not valid (e.g., information entered by a minor or a duplicate lead), the Buyer may dispute the lead via the customer portal.

Disputes must be logged before 12:00 am Sunday of the week the lead is referred to the portal. Otherwise, the lead is deemed accepted.

Site Owner will review the lead. If determined valid, the decision is final. If determined invalid, a credit for the value of the lead will be added to the Buyer’s account.

Use of Leads

The Buyer may only use the leads for the purpose of providing the potential customer with the intended product, service, or information for which the lead information was given.

As between the parties, the Buyer takes ownership of all leads acquired from Site Owner upon payment.

Leads may only be used by the Buyer within their business for the intended purpose. The Buyer may not use the lead to sell, share, or include in a marketing list for sale.

Lead Protection

Each party will exercise reasonable care (including appropriate technological and organizational measures) to ensure lead information is kept safe, to protect the personal information of the potential customer, and to prevent accidental loss, unauthorized access, or inappropriate disclosure.

Each party will notify the other immediately in writing of any security breach which may affect the lead information.

Either party may disclose lead information as required by law; however, the disclosing party will, to the extent possible, notify the other party in advance and cooperate to minimize the extent of the disclosure.

Limitation of Liability

Site Owner will not be liable to the Buyer or any other entity for any damages arising:

• As a result of the Buyer’s use of the lead in any way.
• From the services the Buyer supplies to the customer identified in the lead.
• For a failure of the website, the customer portal, or a failure by Site Owner to deliver a lead within a specified time or at all.

Subject to the requirements of applicable consumer law, where warranties are implied, the Buyer acknowledges that total aggregate liability to Site Owner is limited (at the discretion of Site Owner) to the provision of the services again, or to a refund equal to the total amount paid by the Buyer for the particular services that are the subject of the cause of action during the 6-month period prior to the date of the cause of action.

Indemnity

The Buyer agrees to indemnify and defend Site Owner from any claims, damages, liabilities, costs, or expenses (including court costs, collection costs, and legal fees) related to:

• The use by the Buyer of the lead.
• The services provided by the Buyer to the potential customer identified in the lead.
• The Buyer’s breach of these terms and conditions.

General

This agreement is governed by the laws of New South Wales, Australia.

Notice may be provided to a party by using the mail or email addresses within the schedule. The parties agree to accept electronic service via email.

No joint venture, partnership, employment, or agency relationship exists between the parties.

If any part of these terms and conditions is determined to be invalid or unenforceable, the remainder of the terms and conditions will continue in effect.